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BT Currents - Hot Topics in Employment Law

10 Mar Supreme Court Nominee Gorsuch Receives ABA’s Highest Rating

  On Thursday evening, March 9, the American Bar Association (ABA) released its much-anticipated evaluation of Supreme Court Nominee Neil Gorsuch to the Senate Judiciary Committee.  After a thorough and detailed review of the candidate’s temperament, integrity, and overall competence, all 14 members of the ABA’s Standing Committee unanimously rated Gorsuch – currently a judge on the Tenth Circuit Court of Appeals – as being “well-qualified,” the highest rating possible.   Getting a seal of approval from the ABA, which is often viewed as aligning…

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08 Mar Transgender Bathroom Case Sent Back to Lower Courts by Supreme Court

  On March 6, 2017, the Supreme Court canceled scheduled arguments in a case involving the bathroom rights of transgender students in public schools. The Court sent the case back to the 4th Circuit to reconsider the issue in light of the Department of Justice and Department of Education rescinding Obama-era guidance clarifying protections for transgender students.   The case, Gloucestor County School Board v. G.G., involved a transgender high school student seeking to use the boys’ restrooms at his high school. The plaintiff –…

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15 Aug Fifth Circuit Triples Down on the Legality of Class Action Waivers in Arbitration Agreements

  On August 10, the Fifth Circuit Court of Appeals – for the third time – rejected the National Labor Relations Board’s (NLRB) position that class action waivers in arbitration agreements are invalid under the National Labor Relations Act. In a short opinion, the Circuit said it was bound by its two previous published opinions directly addressing this issue and ruling that such waivers are valid pursuant to the Federal Arbitration Act.    The ruling last Wednesday was the first time the Fifth Circuit has…

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26 Feb Who Knew? U.S. Supreme Court Justices Offer Employment Tips

It was Supreme Court Justice Sonia Sotomayor who offered the first tip: “So why can’t the employer just simply say, ‘We have a Look Policy that doesn’t permit beards? Can you comply with that policy?’”   Justice Samuel Alito refined the suggestion; instead of asking whether an applicant can comply, he said, “Just say ‘Do you have any problem with that?’”   These surprisingly practical strategies might be the best take-away from the legal battle of EEOC v. Abercrombie & Fitch, the case where dress…

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27 Nov Supreme Court Examines “Supervisor” Definition In Bias Suits

On Monday, the U.S. Supreme Court heard oral arguments regarding the definition of a “supervisor” as it relates to an employer’s vicarious liability under Title VII of the Civil Rights Act of 1964.  In Vance v. Ball State University, the Court pressed both sides to explain what the impact would be should it expand the “supervisor” definition under Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) should the Court choose to expand the…

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